APHC010388132021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 23873/2021 Between: 1. KOLA ANAND RAO, ,S/O MALAKONDAIAH, AGED ABOUT 61 YEARS,NAGULAPPADU VILLAGE, ATMAKURMANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , NELLORE SPSR NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKURU, SPSR NELLORE DISTRICT., 4. THE TAHSILDAR, ,ATMAKURUMANDAL, ATMAKURU , SPSR NELLORE DISTRICT. 5. AMBATIRAJYA LAKSHMI, ,W/O. SREENIVASULU, NAGULUPPALAPADU VILLAGE, ATMAKURU MNDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 TCDS,J W.P.No.23873 of 2021 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus,declaring the inaction on part of the 4th respondent on the petitioner's representations dated 01.09.2021and thereby attempting to dispossessing the Petitioner from the Land to an extent of AC 1.40 cents in survey No.9/1 and further an extent of Ac. 1.40 cents in survey No.9/4 total an extent of Ac.2.80 Cents of Nagulapadu Village AtmakuruMandal SPSR Nellore District at the behest of the 5th respondent herein as being illegal arbitrary Violation of the principles of Natural Justice besides offending the Articles 19 21 and 300A of Constitution of India and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to ensure the petitioners are not disposed from the subject lands an extent AC 1.40 cents in survey No.9/1 and further an extent of Ac. 1.40 cents in survey No.9/4 total an extent of Ac.2.80 Cents of Nagulapadu Village AtmakuruMandal SPSR Nellore Districtand pass and such other order or orders as this Hon'ble Court deems fit and proper in circumstances of the case. Counsel for the Petitioner: 1. LINGALA HAZARATHAIAH Counsel for the Respondent(S): 1. GP FOR REVENUE 3 TCDS,J W.P.No.23873 of 2021 The Court made the following order: The Writ Petition is filed questioning the action of respondent No.2 in not taking any action on the representation dated 01.09.2021 made by him, and also the action of respondents No.2 to 4 in attempting to dispossess the petitioner from the land admeasuring an extent of Ac.1-40 cents in Sy.No.9/1 and an extent of Ac.1-40 cents in Sy.No.9/4 of Nagulapadu Village, Atmakuru Mandal, SPSR Nellore District. 2. It is the case of the petitioner that he is a retired defence officer, and on his application, the respondent authorities have allotted land admeasuring an extent of Ac.1-40 cents in Sy.No.9/1 of the said village. It is further stated that since the date of allotment, he is in peaceful possession and enjoyment of the said property. It is further case of the petitioner that his father, Sri Kola Malakondaiah was allotted land to an extent of Ac.1-40 cents in Sy.No.9/4 in the said village in the year 1976 and got mutated his name in the revenue records. It is further stated that his father died on 16.08.1996. After the death of his father, the petitioner claims that he came into possession of the land allotted to his father. It is further stated in the affidavit that the respondents without issuing any notice to the petitioner, the name of respondent No.5 was mutated in the 4 TCDS,J W.P.No.23873 of 2021 revenue records. Therefore, he made a representation dated 01.09.2021 to respondent No.2 for taking appropriate action in the matter. It is further case of the petitioner that despite the said representation there was no action and the respondents tried to dispossess the petitioner from the subject land. Questioning the same, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents No.1 to 4. 4. Though it is stated that the petitioner was allotted land admeasuring an extent of Ac.1-40 cents in Sy.No.9/1 of Nagulapadu Village, Atmakuru Mandal, SPSR Nellore, the petitioner did not file a copy of the patta issued in his favour. Further, though it is stated that his father, Sri Kola Malakondaiah was also allotted land an extent of Ac.1-40 cents in Sy.No.9/4 of the said village, no documentary evidence has been placed on record to substantiate the same. 5. On perusal of the documents filed along with the writ petition, it is clear that except filing copies of the Adangals for the years 2012 and 2013 in respect of the subject lands, no other document is filed. Further, basing on the adangal copies pertaining to the years 2012 and 2013, this Court cannot come to the conclusion 5 TCDS,J W.P.No.23873 of 2021 that the petitioner is in possession of the subject land as on the date of filing of the writ petition. In the absence of any record, the contention of the petitioner cannot be countenanced. There are no merits in the present writ petition. 6. Accordingly, the writ petition is dismissed. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date.15.07.2025 KGR